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CWAG Newsletter – September 2023

This Update includes the following

  • ‘Knowing our Homes’ Project and Survey

  • Regulator of Social Housing launches fees consultation

  • Diary Dates

  • Recent Publications

derbyhomes

‘Knowing our Homes’ Project and Survey

CWAG is joining up with other partners across social housing in a new project ‘Knowing our Homes’. This is a programme of work with origins in the ‘Better Social Housing Review’ commissioned jointly by the National Housing Federation (NHF) and Chartered Institute of Housing.

Although the Better Social Housing Review was focused on the housing association sector, the local authority sector has committed to support the work emerging from the review to ensure there is a shared approach across the whole social housing sector. The Local Government Association (LGA), Association of Retained Council Housing (ARCH), National Federation of ALMOs (NFA), and Councils with ALMOs Group (CWAG) are all working together to achieve this and make sure the whole council housing sector is represented.

The project aims to establish a shared, standardised approach for gathering and using information about the condition of social homes and about the residents who live in them. This will help social landlords to meet new requirements emerging through the Consumer Standards which set higher expectations for how landlords gather and use information about their homes and their residents.

The first stage of this work is a baseline survey to identify how social landlords are currently gathering and using data. From this, we will look to develop proposals to address existing challenges and build on good practice.

This is intended to be a joint survey with both the council and ALMO contributing to the response. It is important that the survey achieves a good return rate, and in the case of councils and ALMOs, we need to ensure that only one return per landlord is received. As most of the data is currently held by the ALMO, the survey link has been sent to the ALMO with the intention that they will work jointly with the council on this. Analysis of survey returns will be administered by the NFA on behalf of the LGA, ARCH and CWAG.

The survey return date is Wednesday 18th October 2023.

If you would like more details about the ‘Knowing our Homes’ project, survey or a copy of the survey questions please contact the Policy Officer.

Regulator of Social Housing launches fees consultation

The Social Housing Regulation Act, which received Royal Assent in July 2023, conferred new fee-charging powers to the Regulator of Social Housing (RSH) to ensure it can deliver its expanded role.

This consultation follows an announcement by government that from 1st July 2024 social landlords will need to pay the full costs of their regulation.

The Regulator is currently funded through a combination of fees and government grants; proactive regulation of the economic standards is funded by fees, whilst other activities including enforcement and reactive consumer regulation are covered by government grant.

The RSH is now gearing up for the biggest change to social housing regulation in a decade, with regular inspections of larger social landlords (including councils). The proposed changes to RSH’s fee charging arrangements are designed ensure there are sufficient resources, skills and capacity to deliver proactive consumer regulation whilst removing the requirement for direct government grant support.

For local authority landlords this represents a major change as the sector will fall within these revised charging arrangements and will be required to pay fees for the first time.

The consultation relates to the principles and arrangements for charging rather than the exact level of fees that will be levied. However, the consultation does include modelling and estimates around a proposed fee level of between £7 and £8 per unit for local authorities with more than 1000 homes. Local authorities with less than 1000 homes will be exempt from the fee arrangements, the fee rate proposed is being zero.

There is a differential between the proposed fee level for councils and housing associations which is intended to reflect the additional economic regulation applicable to housing associations.

A key principle set out is that private registered providers do not pay for the regulation of local authority registered providers, or the visa versa.

This is an eight week consultation which ends on Tuesday 31st October 2023.

Key Proposals:

  • To increase the fees social landlords pay, to recover the full cost of regulation including the expanded consumer remit.
  • Continue to charge larger social landlords for each social home they provide. A flat rate fee will apply to smaller housing associations with fewer than 1000 units.
  • Start charging fees to councils owning over 1,000 homes.
  • Charge organisations when they apply to become registered social landlords (instead of the current approach where landlords pay fees after they have successfully registered).
housing silhouette

Diary Dates

Annual General Meeting

CWAG Annual General Meeting – Thursday 28th September 2023.

This year our AGM speakers will focus on the implementation of the Social Housing Regulation Act, in particular preparing for the new regulatory arrangements and the professionalisation changes introduced by the legislation.

Lydia Dlaboha, Deputy Chief Executive HQN will be discussing how councils can prepare for consumer regulation whilst Charlotte Hilliard who is the DLUHC lead on professionalisation and anti-social behaviour will be speaking on Driving Professionalism in Social Housing.

Come along and support your AGM

Tpas Tenant Engagement Workshop – Thursday 12th October 2023

Tenant engagement is a key element in the new regulatory arrangements and as part of our preparations we have teamed up with Tpas to organise a workshop to consider key issues for CWAG members.

In this session Caritas Charles and Clare Powell, from the Tpas Policy and Insights team, will take us though the Consumer Regulation proposals tenant voice with a particular focus on the implications and issues for councils with ALMOs.

As the leading tenant engagement organisation Tpas have been heavily involved over the last few years on the development of these standards and also have their own accreditation that is a robust assessment of an organisations engagement culture, policies and outcomes.

Caritas and Clare will give a presentation with an overview of the Social Housing (Regulation) Act with a lens of what CWAG members should be focused on and prepared for. We will then open up to a Q&A.

A highly informative and practical session.

To book places contact the Policy Officer.

Recent Publications

New government guidance ‘Understanding and addressing the health risks of damp and mould in the home’ Sept 2023

At the time of the inquest into the tragic death of Awaak Ishak the government made a commitment to publish new guidance for private and social landlords. This guidance has now been published and includes the following:

  • An overview of the potential physical and mental health effects of living in a home with damp and mould, as well as information about groups that are particularly vulnerable to more severe health impacts.
  • Details of relevant regulation and the legal responsibilities of landlords in relation to damp and mould in homes in England.
  • Recommendations on how landlords should respond to reports of damp and mould.
  • Suggestions on how to reduce the likelihood of damp and mould developing in homes

Download guidance

Fire Safety Reform Programme Update

This is the second update on the Home Office’s fire safety reform programme. This update covers changes to the Regulatory Reform (Fire Safety) Order 2005 that will be coming into force on 1st October 2023. It includes information on monitoring the impact of reforms to-date as well as details and links to current published guides.

Bi Monthly Fire Safety Reform Bulletin no2 (updated).pdf

CWAG Newsletter – September 20232023-09-18T13:25:08+00:00

NFA / ARCH Annual Income Management Survey

The annual NFA and ARCH survey into income management has been published – On the edge: cost-of-living findings from the council housing sector highlights the difficulties facing many tenants due to cost of living pressures. In the past year rent arrear have risen by around 4% in the 28 council areas represented in the survey (17 ALMOs and 11 Councils). The average amount owed per household also rose from £427 to £527, up by 23%.

In looking to understand the drivers of current trends, the report identifies the impact of severe inflationary pressures which impact disproportionately on the poorest households as well as a welfare system that isn’t for purpose. The system of Discretionary Housing Payments (DHPs) is also under increasing strain with reducing resources and increasing numbers requiring assistance.

Based on these findings, the report makes a number of asks of DWP and government including:

  • Increase the basic universal credit element to cover the essentials of housing, food and heat.
  • Stop paying universal credit in arrears
  • Improve benefits for those in short-term, fluctuating employment
  • Set a minimum level of benefit to stop deductions pushing families into destitution and to the brink of homelessness
NFA / ARCH Annual Income Management Survey2023-08-03T11:59:08+00:00

Regulator consults on new consumer standards

Following the passage of the Social Housing Regulation Act which received Royal Assent on 21st July 2023, the Regulator of Social Housing (RSH) has launched its consultation on the proposed new consumer standards that will underpin the regulation of the sector from April 2024. The consultation will run for 12 weeks ending on Tuesday 17th October 2023

These new standards reflect the RSH’s expanded consumer regulation objective which now includes safety, transparency, and energy efficiency. Changes will strengthen the accountability of landlords for ensuring the quality and safety of their homes as well as driving greater landlord accountability to their tenants. There is also a much greater focus on transparency, organisational culture and giving tenants greater power to hold landlords to account.

Overview of the proposed new standards

  1. Safety and Quality Standard
  • Replaces the existing Home Standard with a broader focus that explicitly includes safety.
  • Landlords must have accurate up-to-date stock condition information and ensure their homes comply with ‘all relevant requirements’. This will require detailed knowledge based on a physical inspection of all homes at an individual property level.
  • Properties must be maintained to at least the Decent Homes Standard (or its replacement) with effective systems to identify and tackle any non-decency where it occurs.
  • Timescales will be introduced for acting on health and safety assessments.
  • On repairs, maintenance, and planned improvement programmes there will be a greater emphasis on the outcome for tenants. Services must be ‘effective, efficient and timely.’
  • On adaptations there is an expectation that registered providers assist tenants seeking adaptations to access appropriate services, with the objective of improving outcomes for tenants.

2.Transparency, Influence and Accountability Standard

  •  This aims to remove barriers for tenants in accessing their landlord and its services. It includes explicit requirements to treat tenants with fairness and respect so they can access services, make complaints, influence decision making and hold the landlord to account.
  • Landlords must consider tenants’ diverse needs, using relevant information and data to inform and adapt their services, ensuring fair access to services and equitable outcomes for all tenants.
  • There should be a number of routes and meaningful opportunities for tenants to influence and scrutinise strategies, policies and services.
  • Landlords need to make effective use of the information they get from engagement, taking tenants views into account in their decision making.
  • Landlords must identify a dedicated person responsible for complying with the consumer standards.
  • Where a significant change in management arrangements is proposed, the landlord must consult meaningfully with tenants on the actual or potential advantages and disadvantages, including costs, in both the immediate and longer-term.
  1. Neighbourhood and Community Standard
  • Sets out expectations in relation to ‘shared spaces’.
  • Landlords are expected to work co-operatively with other organisations to resolve issues affecting the upkeep and safety of neighbourhoods in which tenants live.
  • Landlords are required to have set out their approach to deterring and tackling hate crime incidents.
  • Landlords are required to have clear policies to support tenants affected by anti-social behaviour and domestic abuse, working with other agencies as appropriate.
  1. Tenancy Standard
  • Sets out requirements on lettings, tenancy sustainment and evictions. Arrangements must be fair and transparent throughout.
  • Registered providers are expected to assist local authorities to meet homelessness duties, e.g. nomination agreement obligations.
  • Adapted homes should be allocated to meet needs compatible with the purpose of the housing.

Download consultation document

Regulator consults on new consumer standards2023-08-03T11:19:38+00:00

CWAG Newsletter – August 2023

This Update includes the following

  • Regulator consults on new Consumer Standards

  • Regulator publishes annual review of consumer regulation

  • Diary Date – CWAG Annual General Meeting

  • Recent Publications

Burton Crescent Houses

Regulator Consults on new Consumer Standards

The Social Housing Regulation Act 2023 received Royal Assent on 21st July 2023 paving the way for significant changes including enhanced consumer regulation of social housing. As expected, following the passage of the legislation, the Regulator of Social Housing (RSH) has launched its consultation on the proposed new consumer standards that will underpin the regulation of the sector from April 2024.

The four new consumer standards proposed are:

  • The Safety and Quality Standard
  • The Transparency, Influence and Accountability Standard
  • The Neighbourhood and Community Standard
  • The Tenancy Standard

These new standards reflect the RSH’s expanded consumer regulation objective which now includes safety, transparency, and energy efficiency. Changes will strengthen the accountability of landlords for ensuring the quality and safety of their homes as well as driving greater landlord accountability to their tenants. There is also a much greater focus on transparency, organisational culture and giving tenants greater power to hold landlords to account.

The consultation will run for 12 weeks ending on Tuesday 17th October 2023

Download consultation document

Overview of the proposed new standards

1. Safety and Quality Standard

  • Replaces the existing Home Standard with a broader focus that explicitly includes safety.
  • Landlords must have accurate up-to-date stock condition information and ensure their homes comply with ‘all relevant requirements’. This will require detailed knowledge based on a physical inspection of all homes at an individual property level.
  • Properties must be maintained to at least the Decent Homes Standard (or its replacement) with effective systems to identify and tackle any non-decency where it occurs.
  • Timescales will be introduced for acting on health and safety assessments.
  • On repairs, maintenance, and planned improvement programmes there will be a greater emphasis on the outcome for tenants. Services must be ‘effective, efficient and timely.’
  • On adaptations there is an expectation that registered providers assist tenants seeking adaptations to access appropriate services, with the objective of improving outcomes for tenants.

2.Transparency, Influence and Accountability Standard

  •  This aims to remove barriers for tenants in accessing their landlord and its services. It includes explicit requirements to treat tenants with fairness and respect so they can access services, make complaints, influence decision making and hold the landlord to account.
  • Landlords must consider tenants’ diverse needs, using relevant information and data to inform and adapt their services, ensuring fair access to services and equitable outcomes for all tenants.
  • There should be a number of routes and meaningful opportunities for tenants to influence and scrutinise strategies, policies and services.
  • Landlords need to make effective use of the information they get from engagement, taking tenants views into account in their decision making.
  • Landlords must identify a dedicated person responsible for complying with the consumer standards.
  • Where a significant change in management arrangements is proposed, the landlord must consult meaningfully with tenants on the actual or potential advantages and disadvantages, including costs, in both the immediate and longer-term.

3. Neighbourhood and Community Standard

  • Sets out expectations in relation to ‘shared spaces’.
  • Landlords are expected to work co-operatively with other organisations to resolve issues affecting the upkeep and safety of neighbourhoods in which tenants live.
  • Landlords are required to have set out their approach to deterring and tackling hate crime incidents.
  • Landlords are required to have clear policies to support tenants affected by anti-social behaviour and domestic abuse, working with other agencies as appropriate.

4. Tenancy Standard

  • Sets out requirements on lettings, tenancy sustainment and evictions. Arrangements must be fair and transparent throughout.
  • Registered providers are expected to assist local authorities to meet homelessness duties, e.g. nomination agreement obligations.
  • Adapted homes should be allocated to meet needs compatible with the purpose of the housing.
  • Providers should also have policies to address under-occupation and overcrowding.
  • Explicit obligation to prevent and tackle tenancy fraud.
  • The current requirement to minimise the time a property is vacant between lettings is removed as this is primarily an economic issue – now the greater focus is on fairness and transparency.

Regulator publishes Annual Review of Consumer Regulation

The RSH has published its annual ’Consumer Regulation Review’ for 2022/23. This sets out key learning and case studies from the Regulator’s consumer regulation casework over the past year.

Issues around local authority compliance are specifically highlighted this year, as ten of the thirteen registered providers who breached the consumer standards were local authorities.

Cases involved the ‘Big Six’ Health and Safety issues including the following:

  • Authorities that didn’t have the data required to provide assurance that they were compliant and therefore keeping tenants safe.
  • Authorities with significant backlogs in carrying out vital safety checks.
  • Failure to comply with legal requirements in respect of fire safety, either by failing to complete the relevant inspections and assessments or failing to complete follow-on remedial works.
  • For the first time in a number of years there were landlords who were failing to meet gas safety requirements despite these regulations having been in place for over 20 years.

The report and case studies highlight the importance of councillors and other senior leaders understanding their core landlord responsibilities. Regardless of management arrangements landlords must take responsibility for ensuring they are fully compliant with regulatory requirements and have mechanisms in place to identify and tackle under-performance.

Read the Report

Key issues highlighted by the Regulator from it’s recent casework:

  • Landlords must maintain a tight grip on the quality of the homes they manage
  • Local authorities must act now to ensure compliance with the consumer standards
  • Effective tenant engagement is fundamental to meeting the requirements of the consumer standards
  • Meeting statutory health and safety requirements, including landlord gas safety requirements, remains an area of regulatory concern
housing silhouette
Annual General Meeting

Diary Date :CWAG Annual General Meeting

This year the CWAG Annual General Meeting will be on Thursday 28th September 2023. The meeting will take place over Teams. Please note the date in your diary.

The formal business of the AGM involves electing representatives of the Executive Group as well as reviewing the group’s finances and operating arrangements and Terms of Reference.

We are currently putting together the programme which will include presentations and discussion around regulatory changes and the professionalisation agenda.

CWAG Work Programme Review

As part of preparations for the CWAG Annual General Meeting, CWAG Executive Group will be reviewing and updating the CWAG work programme to reflect priorities for the next 12 months. The updated work-programme will then be considered by the membership at the AGM.

We are keen to have members’ views and suggestions to inform this exercise.  If you have any suggestions or would like to contribute to the work-programme review, please contact the Policy Officer.

Recent Publications

On the Edge – Cost-of-living findings from the council sector – Joint NFA / ARCH Report – 2nd August 2023

This latest joint NFA / ARCH survey of the income collection and welfare benefits issues facing councils highlights significant rises in rent arrears over the past year. In looking to understand the drivers of current trends, the report identifies the impact of severe inflationary pressures which impact disproportionately on the poorest households as well as a welfare system that isn’t for purpose. The system of Discretionary Housing Payments (DHPs) is also under increasing strain with reducing resources and increasing numbers requiring assistance.

Read Report

English Housing Survey (EHS) 2021/22 – Energy Report – Published by DLUHC – July 2023

This latest update survey of peoples housing circumstances is one of the longest running national surveys providing data back to 1967. This report focusses on energy efficiency and provides an overview by tenure, dwelling type and household characteristics. It includes information on different heating systems and controls, the methods of payment used by households to pay for their energy as well as the cost involved in uprating homes to Energy Efficiency Rating (EER) band C. There is also an analysis of working from home patterns by income and tenure.

Read Report

CWAG Newsletter – August 20232023-08-02T13:20:23+00:00

CWAG Newsletter – July 2023

Welbury Gardens

This Update includes the following

  • Learning from the First Round of Consumer Regulation Inspection Pilots

  • Homes England announces changes to funding rules.

  • Social Housing (Regulation) Bill Update

  • Recent Publications

  • Diary Date – Annual General Meeting

Learning from the First Round of Consumer Regulation Inspection Pilots

Many CWAG members attended the recent NFA webinar where we were able to hear directly from the Regulator of Social Housing (RSH), Eastbourne Council and their ALMO Eastbourne Homes about the experience and learning from the participation in the first round of Consumer Regulation Pilot inspections.

There was plenty of advice for those preparing for the new regime, notable was the ‘crumbs of comfort’ message from Richard Tomkinson from Lewis and Eastbourne councils who indicated the inspection had been a ‘generally positive experience’ and very different from the Audit Commission inspections of the past. However, he did caveat this with details of the very extensive preparatory work both the Council and ALMO have undertaken, with virtually every aspect of the service having been subject to detailed scrutiny and review since the 2018 Social Housing Green Paper .

Angela Holden, RSH Assistant Director, set out some key lessons from the pilot inspection programme and recent casework, signposting key areas landlords need to focus on in preparing for proactive consumer regulation and inspection.

Inspections will be tailored and specific to each organisation, focussing on key risks identified from a range of different sources such as the document review, Tenant Satisfaction Measures and Ombudsman complaints. There will be an explicit focus on resident safety, transparency, accountability, and service outcomes for tenants.

Tenants voice and accountability

The Regulator is particularly keen to understand how an organisation hears the voice of its tenants and inspectors will seek to engage directly with tenants using a variety of formats.

Questions:

  • How do you evidence that as an organisation you hear the tenants voice?
  • Does the organisation respond to tenant concerns and do tenants have confidence the organisation will respond appropriately when issues are raised?
  • Are there differential satisfaction rates between different areas and demographics and how is the landlord responding?

Governance arrangements

Whilst it is the council as landlord that has responsibility for performance, the Regulator will be seeking to understand the chain of governance and where key responsibilities sit, and particularly whether the arrangements enable the organisation to respond to early warnings when things are going wrong.

The Regulator will be keen to review that arrangements and mechanisms are in place to ensure the oversight of contractors and engagement with tenants and that systems deliver transparency when things are going wrong.

In terms of ALMO involvement with inspections, the Regulator will focus on how operational decisions are made which may include attendance at the ALMO Board.

Key Question:

  • How do you know that key outcomes and compliance are actually being achieved?

Data and Systems

The Regulator will be looking for evidence of challenge to ensure that systems and processes are robust and able to deal with non-standard issues and stresses. Inspections will focus on outcomes and assurance and how these are evidenced, for example, can the landlord evidence compliance with key policies and legislation. Good quality data is vital.

Following recent work on the extent of disrepair, damp and mould in the stock, there is likely to be a particular focus on stock condition and whether the landlord has relevant and up to date data to understand and plan for the investment priorities of the stock. Further guidance on stock condition surveys and requirement is planned as part of the new consumer standards.

Questions

  • What arrangements are in place to assurance test key data, record keeping arrangements and protocols?
  • Are systems and processes fit for purpose?
  • Is key data readily available to evidence service outcomes, investment priorities, complaints handling etc?
southend housing

Homes England announces changes to funding rules.

On 27th June 2023 Homes England announced changes to the Affordable Homes Programme 2021 -26 to allow funding of replacement homes alongside new affordable homes, as part of wider estate regeneration plans.

The change will allow grant funding to be used to replace outdated and substandard homes as part of estate renewal projects, an important step towards delivering improvements in the quality of accommodation and energy efficiency.

According to Peter Denton, Chief Executive of Homes England this change ‘is a real opportunity to accelerate the regeneration of social housing and help level up communities across the country’.

The change will come into effect immediately.

Further details

Social Housing (Regulation) Bill Update

The Social Housing (Regulation) Bill is now approaching the end of its legislative journey.

The Bill received its 3rd Reading in the House of Lords on 27th June 2023. This resulted in the Lords putting forward an alternative wording for the professionalisation amendment. The new version seeks to clarify that the professionalisation requirements set out in the Bill will also apply to managing agents (and therefore to ALMOs). Ensuring that the wording achieves the anticipated outcomes and doesn’t inadvertently ‘catch’ other roles and post holders is a key issue. According to government estimates, around 25,000 housing managers will be impacted by the change.

The Bill has therefore entered a process known as ‘ping pong’ where it is passed rapidly back and forth between the House of Commons and House of Lords until agreement on the exact wording is achieved.

Following this the Bill will move forward for Royal Assent.

Burton Crescent Houses

Recent Publications

Damp and Mould in Social Housing – Learning the Lessons (June 2023)

This report by the Regulator of Social Housing draws on the survey work carried out following the coroner’s report into the tragic death of Awaab Ishak in Rochdale.

The report sets out how social landlords are approaching the tackling of damp and mould in their tenants’ homes and highlights the features of the strongest and weakest approaches, so that landlords can learn lessons from others in the sector.

The key findings are:

  • Better performing landlords manage their data well. They have accurate and up-to-date information about tenants’ homes, and they use it to find and resolve problems proactively.
  • Strong oversight from boards or councillors is essential. They should gain assurance that landlord management teams are responding effectively when tenants raise concerns.
  • Some boards and councillors had limited oversight of the condition of tenants’ homes, and in some cases they didn’t have specific processes for identifying and tackling damp and mould.

Download report

 English Housing Survey: local authority housing stock condition modelling (June 2023)

These statistics from the English Housing Survey provide sub-regional estimates of housing stock condition for the first time ( covering Decent Homes and HHSRS Category 1 hazards)

The paper provides estimates by local authority area of the number and proportion of occupied homes that are deemed non decent according to the DH Standard / or unsafe due to a Category 1 hazard (HHSRS) by tenure and dwelling type.

This is modelling data and therefore aimed at highlighting wider trends and issues rather than as a specific tool for policy making at a local level. It does however show local authorities where housing quality might be poorer/ worse than average and how quality might vary by tenure and dwelling type.

The data is presented as a series of colour coded maps.

Further Details

Better Places – A Matrix for Measuring and Delivering Placemaking Quality (June 2023)

This Policy Exchange Report follows up on ideas in the 2020 report of the Building Better, Building Beautiful Commission ‘Living with Beauty: promoting health, wellbeing and sustainable growth’ which was endorsed by government. It proposes a new tool or Placemaking Matrix, that can be used to score the placemaking characteristics and qualities of proposed and existing developments. The report suggest that the tool could be used when determining planning permission, providing a quantifiable baseline measurement of placemaking features that are often difficult to capture early in the development process. The underlying objective is to improve housing quality and create better places.

Download report

Why we need a long-term plan for housing – National Housing Federation (June 2023)

This NHF report sets out the case for a long-term plan to end the housing crisis and how this would improve the health, income and life chances of millions of people and drive economic growth, jobs, and prosperity. The aim is to challenge all political parties when setting out their priorities for the General Election next year to commit to a long-term and measurable plan to tackle the housing crisis and deliver decent, affordable housing.

Download Report

Annual General Meeting

Diary Date – CWAG Annual General Meeting

The CWAG AGM will take place over Teams on Thursday 28th September 2023 (10.00 – 12.00). Further details will be circulated shortly.

CWAG Newsletter – July 20232023-07-04T10:26:40+00:00

CWAG Newsletter – June 2023

derbyhomes

This Update includes the following

  • Renters (Reform) Bill 2023

  • Housing Ombudsman Spotlight Report – Knowledge and Information Management

  • Social Housing Regulation Bill

  • Recent Publications

  • Diary Date – NFA webinar

Renter’s (Reform) Bill 2023

The Renters (Reform) Bill published on 17th May 2023 aims to tackle issues in the private rented sector in England. It includes a number of the measures set out in the June 2022 White Paper ‘A fairer private rented sector’ as well as fulfilling the 2019 Conservative Manifesto commitment to abolish so called ‘no fault’ evictions in England.

The Bill includes the following measures:

  • The abolition of assured shorthold tenancies and with them, Section 21 ‘no fault’ evictions. Tenancies in the private rented sector will become more secure monthly periodic assured tenancies with no end date.
  • The grounds on which landlords can seek to repossess properties will be amended and strengthened so landlords can still recover their property (including where they wish to sell or move in close family) and to make it easier to repossess properties where tenants are at fault, for example in cases of anti-social behaviour or repeated rent arrears.
  • Stronger protections against backdoor eviction by ensuring tenants can contest excessive above -market rents increases which are purely designed to force them out. Landlords will still be able to increase rents to market level, however tenants will be able to appeal to an independent tribunal which will determine the market rent of the property.
  • The creation of a new Private Rented Sector Ombudsman which will provide fair, impartial, and binding resolution to many issues and prove quicker, cheaper, and less adversarial than the current court system.
  • A Privately Rented Property Portal will be set up to help landlords understand their legal obligations and demonstrate compliance. It will also provide better information to tenants, helping them make informed decisions when entering into a tenancy agreement. It will also support local councils’ enforcement activity.
  • Tenants will have the right to request a pet in the property, which the landlord must consider and cannot unreasonably refuse. To support this, landlords will be able to require pet insurance to cover any damage to their property.

Other commitments from the White Paper not been included in this Bill:

  • To apply the Decent Homes Standard to the private rented sector.
  • To make it illegal for landlords and agents to have blanket bans on renting to tenants in receipt of benefits or with children.
  • Strengthen local councils’ enforcement powers and introduce a new requirement for councils to report on enforcement activity – to help target criminal landlords.

Further legislation is planned to implement changes in these areas.

Housing Ombudsman Spotlight Report – Knowledge and Information Management

This latest spotlight report from the housing ombudsman is a major wake-up call for the sector highlighting widespread poor practice in record keeping and data management with major implications for service delivery.

Poor information management is a reoccurring theme in the Ombudsman’s casework, often slowing down investigations as landlords are unable to provide background information and evidence relating to cases. According to the report ‘complaints can be an exceptionally strong indicator of data gaps and information mismanagement’.

Accurate records and data management are the essential starting point; if the input data is poor, incorrectly recorded or the management systems inadequate, any use made of this data will be inherently flawed.

Service failures are generally linked to missing, inaccurate or misused resulting in a lack of appropriate responses and timely action.  Using data from 2022/23, the report highlights a series of case studies to demonstrate key areas of poor performance and the consequent negative impact on residents. Examples include a disabled woman left without a suitable toilet for more than a year, and a resident having to endure water ingress for eight years because the landlord did not have a system to record customer communications. Another case involved a man losing 14 days annual leave because of appointment failings by the landlord.

Translating information and data into usable knowledge, insights, and action plans is vitally important and has a key role in governance providing assurance and contributing to business and financial planning. Interestingly, the report notes that even where a landlord has fulfilled its obligations, if it doesn’t have the data to evidence this, it is professionally vulnerable.

The report highlights the importance of governance and organisational culture to encourages clear expectations and management standards, with systems underpinned by clear quality assurance measures and performance management.

The report makes 21 detailed recommendations.

Read Full Report

Social Housing Regulation Bill

The Bill is currently in ping-pong, having completed the Commons Report Stage on March 1st. The next stage on 27th June 2023 is the Consideration of Commons Amendments by the House of Lords. Once completed, the Bill is expected to receive Royal Assent before the end of this Parliamentary Session.

The Bill includes two late amendments:

Professionalisation:  a requirements for senior housing managers and senior housing executives to hold or be working towards a Level 4 or 5 housing management qualification. This is in addition to measures already introduced through the Bill for new ‘competence and conduct’ regulatory standards.

‘Awaab’s Law’: setting timeframes for landlords to investigate and repair hazards in tenant’s homes.

Once the Bill achieves Royal Assent the way will be clear for the RSH to consult on the detail of the new consumer regulation regime.

Looking ahead

Other linked consultations planned for later in the year include:

  • Consultation on time limits for repairs (Awaab’s Law)
  • Consultation on minimum energy efficiency standards
  • Consultation on professionalisation, competence and conduct standards
  • Consultation on the future of the rent standard and call for evidence on a catch-up mechanism following rent cap applied in 2023
  • Consultation on updated Decent Homes Standard​ proposals
The Yarn Spinner-derbyhomes

Recent Publications

Critical Friends: What tenant scrutiny brings to landlord performance – NFA April

This timely NFA Report focuses on the importance of tenant scrutiny as a key tool in good housing management within the ALMO sector which is even more relevant as the Regulator of Social Housing will include feedback from tenants in its new inspections regime.

This report goes beyond a review of current scrutiny models approaches employed within the ALMO sector. The authors have spoken to tenants who are involved in scrutiny to understand why they do it and what makes it work. Much of the feedback comes down to the relationship they have with their landlord, based on honesty, trust, openness, good communication and organisational follow through that recognises the value of the work of scrutiny panels to the organisation.

Download a copy of the report here.

The NFA has also published their Annual Review, and Annual Survey which provide an interesting overview of the current state of play in the ALMO sector.

Diary Date – NFA Webinar

The NFA is holding a webinar on Wednesday 21st June 2023 on ‘Regulating Consumer Standards and learning from pilot inspections’.  Now that the RSH has has completed the first round of pilot inspections across the country, there is an opportunity to take stock. This is an opportunity hear from the only council with an ALMO to be inspected so far. The event is open to CWAG members. Further details

CWAG Newsletter – June 20232023-06-09T07:37:07+00:00

CWAG Newsletter – April 2023

Croft House

This Update includes the following

  • CWAG Members Survey 2023

  • Parliamentary Committee to investigate financial sustainability of social housing sector

  • Older Persons Housing Taskforce

  • 4 Million Homes Programme

  • Diary Dates

  • Recent Publications

CWAG Members Survey 2023

This year the annual members survey focussed on how councils and their ALMOs are responding to the introduction of enhanced consumer regulation. The survey aimed to explore how different organisations are preparing for the changes, highlighting the specific issues and challenges involved, with the aim of identifying key trends and sharing good practice.

The survey response rate was 86%. Survey returns provide useful insights into the sector’s preparations in advance of  new regulatory arrangements which are due to go live in April 2024.  The CWAG Client Officer Group will be reviewing the survey in more detail at their next meeting. In the meantime if you would like more information on the survey, please contact the Policy Officer.

Set out below are some of the headline findings from the survey:

Survey Findings

1. ALMO Reviews

Most CWAG member councils have reviewed or are planning to review their ALMO management arrangement. Reviews are generally focused on ensuring council and ALMO services are better aligned, with responsibilities and reporting lines clearly defined.

  • 16% of respondents are currently undertaking a review of the ALMO,
  • 74% of respondents reported a recent or planned ALMO review,
  • 10% of respondents are not planning a review at this time.

2. Changes to the Client Team

42% of respondents are recruiting additional staff to strengthen the client team whilst others reported that they are reassessing client-side resources and current roles, including how existing staff are deployed.

Virtually all authorities reported that they are reviewing and augmenting data collection and reporting arrangements. Issues include enabling real time reporting and regularising enhanced senior level scrutiny and oversight arrangements.

Some councils are reviewing certain functions currently delegated to the ALMO, but this is not a general trend.

3. Changes to reporting and accountability structures

Authorities are also reviewing existing systems and reporting arrangement, making changes to improve information flows, oversight, and assurance. Councils are looking critically at each element of performance and how they are getting assurance.
Current examples include:

  • Specialist governance and systems reviews
  • Additional internal audit checks with a focus on consumer standards
  • Bringing KPIs into alignment with TSMs
  • Additional information and reporting for Council Members
  • New Council /ALMO structures to review key elements of performance.
  • Use of council scrutiny and audit panel

4. Collection of Tenant Perception Information for TSMs

The survey highlights different approaches to the collection of tenant perception information. 61% of respondents indicate that this exercise will be undertaken by a specialist contractor. Arrangements vary with some councils leading on the commissioning arrangements in partnership with the ALMO whilst others have fully delegated this activity to the ALMO.

5.Preparation for In-Depth Assessments (IDAs)

78% of respondents indicated that they have used the checklist from the CWAG/NFA report ‘Excellence in management and partnership’ to review their current arrangements in preparing for changes to regulation.

26% of respondents have commissioned an external ‘health check’ as part of their IDA preparations.

Parliamentary Committee to investigate financial sustainability of social housing sector

 On 28th March 2023 the Levelling Up Housing and Communities Committee launched an enquiry, including a call for evidence, into the financial resilience of the social housing sector in England.

This follows the Committee’s earlier ‘Regulation of social housing’ report (July 2022) which identified evidence of ‘appalling and unsafe’ conditions in some social housing. The aim of this enquiry is to examine the financial resilience and resources available to the sector given the increasingly challenging operating environment.

Issues that will be considered include the impact of inflation, high energy costs and other funding challenges. Social landlords are facing significant pressures to increase investment in the maintenance and improvement of their existing stock. A key concern is the extent to which tackling issues such as damp and mould, energy efficiency, fixing defects and delivering on new building and fire safety regulations will impact on the delivery of much needed new affordable homes.

The enquiry will also consider the policy and regulatory challenges facing DLUHC and the Regulator of Social Housing in ensuring policy on social and affordable housing is appropriately focussed and adequately addressing the diverse issues and challenges facing the sector.

Call for evidence – submissions to the Enquiry can be made up to 12th May 2023.

Older Person’s Housing Taskforce

 Proposals for an Older Persons Housing Taskforce set out in the Levelling Up White Paper (February 2022) look set to get underway with the recent appointment of Professor Julienne Meyer, a leading expert on care for older people as the taskforce Chair.

The new taskforce will run for around 12 months; it will report and make recommendations to Government on improving the choice, quality, and security of housing for older people. It will also consider evidence relating to regional disparities in the supply of appropriate and specialised housing for older persons.

The taskforce will bring together expertise from the social housing and retirement sector, local government, health, and adult social care as well as investment specialists and developers.

derbyhomes elderly homes

4 Million Homes Programme

 Following the earlier Make Things Right campaign, the 4 Million Homes Programme is a further DLUHC funded initiative which aims raise tenant awareness of their rights and rebalance power between residents and landlords.

Programme publicity emphasises that it will help tenants stand up for their rights and where necessary provide guidance on how to deal with difficult landlords. Tenants will also gain knowledge on how to form and get involved in residents groups to influence and shape the services they pay for.

The programme will provide information, guidance, and training on residents rights. Training events will begin in May 2023 and run over 24 months starting with ‘Exploring your right to engage and be heard’, advising residents of their rights and how to make complaints.

The campaign website www.fourmillionhomes.org signposts guidance, training events and webinars.

Diary Date - Finance and Business Planning Meeting – Tuesday 6th June 2023

Steve Partridge – Savills Director of Housing Consultancy will be leading this event for finance officers and others with an interest in HRA strategy and business planning. This will be an interactive meeting focussing on issues for the next budgeting and business planning round.

The event is a free event that is open to CWAG members – please note the date in your diary. Booking arrangements will available shortly.

Recent Publications

Research into Expenditure within the Housing Revenue Account - LGA, ARCH, NFA

This is the third and final Savills research report commissioned by the LGA, ARCH and the NFA as part of a wider examination of the financial issues and pressures facing Housing Revenue Accounts. The report looks in detail at the specific factors currently driving the growing disparity between available resources and increasing financial demands. The report highlights the vulnerability of HRAs which are likely to move into deficit over the next couple of years.

The report is available to download from the NFA website.

CWAG Newsletter – April 20232023-04-28T14:26:31+00:00

Progress Update – Social Housing Regulation Bill

The Bill will provide the legal basis for implementing measures in the 2020 Social Housing White Paper. The intention is to empower residents, provide greater redress, better regulation and improve the quality of social housing. By strengthening the regulatory regime for social housing, the Bill aims to ensure landlords are held to account for their performance and focus more effectively on addressing the needs and concerns of tenants.

The Bill started out in the House of Lords in June last year, completing first and second readings in the House of Commons by November 2022. The Bill has now reached its third reading in the House of Commons (having already completed its third reading in the Lords). At this stage no further amendments can be made to the Bill. The final stage of the legislative process will see the Bill returned to the Lords for a final debate and consideration of amendments.  Royal Assent is expected before the end of the current Parliamentary session.

Important amendments added to the Bill:

Awaab’s Law

On 9 February 2023, the Secretary Of State introduced an amendment known as ‘Awaab’s Law’, which will require landlords to investigate and fix damp and mould in their properties within specified timeframes. A consultation will be held later this year to set the timeframes within which landlords will have to investigate hazards and make repairs.

Professionalisation

The Bill will introduce new rules intended to protect residents and raise standards in the sector.  Managers in the social housing sector will in future be required to have a minimum set of professional qualifications.

Amendment 47 requires the regulator to set out professional standards ensuring that those with management responsibilities within the social housing sector have, or are working towards getting, professional qualifications.

The change is intended to bring social housing into closer alignment with other sectors such as social work, teaching  and health.

Complaints and the Housing Ombudsman

The Bill identifies a new responsibility on the Regulator of Social Housing (RSH) to set standards for providers on the handling of complaints. In addition, the Housing Ombudsman will be granted powers to issue and publish guidance on good practice in the sector.

Progress Update – Social Housing Regulation Bill2023-06-06T13:44:04+00:00

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